What are mothers’ rights in child custody?

Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration.

What Texas Laws Say about Nursing Infants and Custody

What do Texas laws have to say about breastfeeding infants and custody issues? Not much. The laws are quite vague on the matter, allowing for discrepancy on the courts’ part.

The judge’s primary task will be to determine what’s in the best interests of the child and make custody arrangements that will best meet the child’s needs. Some of the factors the courts will look at include:

the age, health and income of each parent;

any history drug abuse or domestic violence;

the ability of each parent to secure a healthy environment for the child;

the relationship the baby has with each parent; and

whether or not each parent is willing to foster the baby’s relationship with the other parent.

Age Is One of the Determining Factors in a Custody Case

The age of the child is a special consideration courts look at when determining custody. Texas Family Code Section 153.254 explains that “the court shall render an order appropriate under the circumstances for possession of a child less than three years of age.”

In other words, the law recognizes that what’s good for an infant/toddler might not necessarily be what’s best for them after the age of three. Therefore, in cases that involve infants, the courts often will make a custody order that covers the child until the age of three, then render an alternative order that will take effect on the child’s third birthday.

For instance, a court may determine that for the first three years, the mother’s rights in child custody should be as primary caregiver, and then convert to a more joint visitation arrangement after the child turns three.

It’s Hard to Determine the Outcome of Infant Custody Cases

At first glance, it may seem like the mother may have the upper hand in a custody battle, but this is just one of the misconceptions about child custody. It’s not unheard of for a judge to order the mother to cease breastfeeding (or at least resort to regular pumping) to allow the father more time with the child.

It’s a tough situation that can become a scary and bitter battle in court. Whether a dad or a mom, if you are having a dispute, and mothers’ rights in child custody combined with breastfeeding is a factor, you’ll need an extremely determined legal team to back you up and argue your case.

The attorney who argues that mothers’ rights in a child custody case might use research to show that breastfeeding is best for the child. (The World Health Organization and UNICEF recommend exclusive breastfeeding for the first six months of life.)

On the other hand, the father’s counsel might combat with child psychology studies that show that bonding with both parents in the early stages of life is best for the child.

Call Warren & Migliaccio for Top-Notch Representation in Dallas

As you can see,: mothers’ and fathers’ rights in child custody are considered, but are not a given. To ensure you get the custody arrangement your child needs, speak to a lawyer in Dallas today. Contact our family law firm, Warren & Migliaccio, for a free, no-obligation consultation – 888-584-9614.

Follow Us

We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.

I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.

I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!

Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!